Article 25: Ruling on protective and enforcement measures

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2280/2559 (2016)

   A motion to stay execution is a request under Section 25 for a measure to enforce a judgment; Section 25 does not require the court to hold an inquiry first, so the court may rule where the facts of the case are sufficient.

   The Court treated the defendant's motion to stay execution as a Section 25 request for a measure to enforce the judgment and held that Section 25 does not require an inquiry before the court grants or refuses it. Where the court finds the facts of the case sufficient to decide the motion, it need not hold an inquiry.

2. Arrêt de la Cour suprême n° 1056/2500 (1957)

   Under Section 25 a court may issue an interim protective order, such as prohibiting a party from continuing to work disputed land, in order to protect the interests of the parties while the case is pending.

   Finding sufficient and necessary grounds to protect the parties' interests, the trial court issued an order under Section 25 prohibiting the plaintiff from tapping rubber in the disputed plantation while the case was pending, and the higher courts upheld the order.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.